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April arguments: Same-sex marriage cases set for April 28

The Supreme Court on Thursday released the calendar of oral arguments for the final sitting of the Term, beginning April 20, and listing the four cases on same-sex marriage for hearing on Tuesday, April 28.

The calendar is thin, with only a single argument each day except on April 29, when there are two arguments.

The day-by-day schedule, with a brief summary of the question in each case, follows the jump.

Monday, April 20:

Johnson v. United States — Possession of a sawed-off shotgun as a violent felony, leading to a longer prison term as a career criminal.  This case was heard on November 5 but is being reargued on a new question about potential vagueness of a part of the Armed Career Criminal Act.

Tuesday, April 21:

McFadden v. United States — A federal prosecutor’s duty to prove that a suspect knew that a substance was an illegal substitute for a banned drug.

Wednesday, April 22:

Horne v. U.S. Department of Agriculture — The federal government’s duty to pay raisin growers for an order requiring removal of part of a year’s crop from the market to stabilize prices.

Monday, April 27:

Kingsley v. Hendrickson — The proof needed to show police use of excessive force toward a detained person awaiting trial.

Tuesday, April 28:

Obergefell v. Hodges and three other cases — The constitutionality of state bans on same-sex marriage and state refusals to recognize existing same-sex marriages.  The cases are consolidated for two-and-a-half hours of argument.

Wednesday, April 29:

Glossip v. Gross — The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.   (The executions of the three Oklahoma inmates have been stayed.)

Mata v. Holder — The authority of a federal appeals court to extend the time to seek a reopening of an immigration case because of an ineffective attorney.

[Disclosure:  Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in McFadden.  However, the author of this post is not affiliated with the firm.]

Recommended Citation: Lyle Denniston, April arguments: Same-sex marriage cases set for April 28, SCOTUSblog (Mar. 5, 2015, 11:36 AM),